Numerous pedestrians are injured or killed by drivers on U.S. roads daily. Since pedestrians have no protection from the impact, they often suffer devasting injuries that leave them with costly medical bills and a long recovery.
Most accidents involving pedestrians are preventable. You can seek compensation if you have been hit by a careless driver in Georgia. Let an Atlanta pedestrian accident attorney from The Herro Law Firm help you hold the at-fault driver accountable for their actions.
Our car accident lawyers in Atlanta will help you recover compensation for your lost income, pain and suffering, and medical bills. Call (404) 433-6876 now for a free consultation to find out if you have a valid claim.
Main Causes of Pedestrian Accidents
Thousands of pedestrians lose their lives on U.S. roads annually. According to a report by the National Highway Traffic Safety Administration (NHTSA), at least 6,516 pedestrians and 938 cyclists lost their lives in accidents on U.S. roads in 2020. This is a notable increase from the 6,272 pedestrians and 859 cyclists who died in vehicle crashes in 2019.
Most of these fatal accidents could have been avoided if drivers were more careful about abiding by traffic laws.
Here are some of the leading causes of pedestrian accidents in Georgia.
Failure to Yield Right of Way
A driver who fails to stop at a crosswalk risks hitting pedestrians. Drivers are required to give right of way to pedestrians once the signal indicates they can proceed onto the crosswalk. Sadly, some drivers don’t pay attention to pedestrians until it is too late.
The faster an automobile travels, the more challenging it is to steer and the longer it takes to stop. Speeding increases the likelihood of hitting a pedestrian and is regarded as reckless driving. In most cases, pedestrians hit by speeding automobiles suffer severe injuries as a result of the force of the collision.
Driving Under the Influence
The use of alcohol and drugs commonly affects driving skills, response time, and reasoning. A drug-impaired or drunk driver can easily fail to spot a pedestrian or become unable to control the vehicle effectively, causing a crash.
Poor lighting can lead to visibility issues when driving. Faulty headlights and weather conditions are some contributing factors to poor visibility. It’s paramount that both drivers and pedestrians exercise caution while on the road at night or during poor weather conditions.
When motorists eat, drink, text, or talk on the phone while driving, they are more likely to hit pedestrians on the road. Due to divided attention, their minds and eyes may not be on the road and they may be steering with just one hand. Motorists should put all their focus on their road while driving.
As a leading pedestrian accident law firm in the Atlanta area, our team at The Herro Law Firm can investigate what caused a motorist to hit you, such as a DUI, speeding, or distracted driving. Our attorneys are ready to ensure you receive your deserved compensation for your injuries.
What Should I Do After a Pedestrian Accident in Atlanta?
Your actions as a pedestrian after a traffic accident will influence whether you can seek compensation from the at-fault motorist and how much settlement you might receive. If you have been involved in a vehicle collision as a pedestrian, you should take the following steps.
Call the Police
Call 911 so police and emergency medical services can come to the collision scene. Once the police arrive, they will conduct preliminary interviews with you and the motorist and prepare an official police report. This police report will be critical in proving the motorist’s negligence in your personal injury claim.
Seek Medical Assistance Immediately
As a pedestrian, you have no protection if you’re hit by a vehicle. There is a high chance you will suffer severe injuries. Common pedestrian injuries in collisions include severe fractures, brain injuries, and spinal injuries.
In the event of an accident, seek medical assistance immediately. Remember to keep copies of your medical treatment records and bills. This will enable our Atlanta pedestrian accident lawyers to calculate the amount of compensation you should pursue.
Document Your Injuries and Exchange Information
If you can, capture many photos and videos of your injuries, the vehicle that hit you, and the collision scene. These photos and videos will be instrumental evidence in a pedestrian accident lawsuit. You should also exchange contact details and insurance information with the driver who hit you and get their tag number.
Do Not Discuss Fault
While at the accident scene, don’t say anything that might be deemed as you admitting responsibility for the crash. Your words can be used against you to hurt your chances of getting compensation.
While you are recuperating, the motorist’s insurance company might approach you with a settlement offer. You should avoid talking to the insurance company without your pedestrian accident attorney present.
Contact Your Insurance Company
Contact your insurance company and report the accident as soon as possible. Remember, do not admit fault to your insurer.
Contact Our Atlanta Pedestrian Accident Lawyers
A pedestrian accident case can have numerous legal hurdles that only an experienced attorney can overcome. Lawyers from Herro Law in Atlanta have an outstanding reputation for providing unmatched legal assistance to pedestrians involved in car accidents. Our legal team is here to aid you in getting the compensation you deserve for all your injuries and losses.
How Do You Determine Liability or Fault in a Pedestrian Accident in Georgia?
In Georgia, you (the victim/plaintiff) must establish the following for elements to prove liability or fault in a pedestrian accident claim.
- Duty of Care: All drivers have a legal obligation to follow traffic laws and act with reasonable care for the sake of other road users, including pedestrians.
- Breach of Duty: Your attorney will show how the driver’s actions, such as drunk driving, failing to stop at a red light, or speeding, violated their duty of care.
- Causation: Your attorney must prove the motorist’s violation of their duty of care led to the accident that caused your injuries.
- Damages: You suffered losses, such as costly medical expenses for treating your injuries, due to the accident caused by the motorist’s negligence.
Our competent Atlanta pedestrian accident attorneys won’t rest until they have sufficient evidence to establish these four elements for your case.
How Can a Pedestrian Accident Lawyer Assist With My Claim?
If you have been a pedestrian accident victim, you should contact an Atlanta personal injury attorney with experience handling these types of cases as soon as possible. Our team at The Herro Law Firm provides unmatched legal assistance to pedestrians involved in car accidents.
Here are some of the ways we will assist with your case.
First, we will evaluate your case to determine if you have a valid claim. Once we take your case, our legal team will collect and analyze evidence of the crash, including eyewitness statements and police reports. After establishing liability, we will send a demand letter to the motorist’s insurer and push for the best settlement for your claim.
Your attorney will aggressively negotiate the best settlement for you with the insurance adjusters from the motorist’s insurance company. Our legal team will ensure the compensation you receive covers all economic and non-economic losses, and we may even seek punitive damages.
Trial Preparation & Representation
If the motorist’s insurer refuses to offer you a just pedestrian accident settlement, our lawyers will proceed with litigation. Our legal team will prepare the best case for trial, and your lawyer will argue your case decisively in court. This will maximize your chances of getting a favorable civil court ruling.
What Are the Time Limits for Filing a Pedestrian Injury Claim in Georgia?
In Georgia, the state law allows victims to file their pedestrian injury claim within two years, from the date of the crash. It’s best to contact an Atlanta pedestrian accident lawyer as soon as possible. As time passes, evidence can degrade and witnesses’ memories fade. We will ensure your lawsuit is filed by the deadline.
How Much Will a Pedestrian Accident Lawyer Cost?
At Herro Law, we offer our legal services to victims of pedestrian crashes on a contingency basis. This means you won’t have to pay any upfront fees for our legal services. Our payment is a percentage of the compensation you receive, so we only get paid if you do!
Contact Our Reputable Atlanta Pedestrian Accident Attorneys Today!
When it comes to providing exceptional legal assistance to victims of pedestrian accidents in Atlanta, GA, no law firm beats The Herro Law Firm. Our legal team is made up of attorneys with years of experience handling personal injury cases. You can rely on us to help you secure the full compensation that you deserve.
Call us on (404) 433-6876 for a free case review and consultation. Our legal team is ready to answer any questions regarding your claim. We only get paid if we win you compensation. Get started now to find out how much your claim may be worth.